The Supreme Court docket is probably the most consequential establishment in American politics. And but the general public nearly by no means wi
The Supreme Court docket is probably the most consequential establishment in American politics. And but the general public nearly by no means will get to see the chief justice, or any of the justices for that matter, in motion.
It will change as President Trump’s impeachment trial strikes to the Senate on Tuesday.
The Structure gives that the chief justice “shall preside” over the impeachment trial of a president. The function of the chief justice is usually ceremonial and will solely matter within the occasion {that a} tie-breaker vote is required; traditionally, chief justices have relied on a Senate parliamentarian to handle the method.
However Roberts may, if he selected, exert actual affect on the trial by compelling witnesses to seem or by ruling on the admissibility of proof. It’s unlikely, however it’s attainable.
Since there’s an opportunity that Roberts, who was picked to steer the court docket in 2005 by George W. Bush, may play a big function within the impeachment saga, I reached out to Joan Biskupic, writer of The Chief: The Life and Turbulent Times of Chief Justice John Roberts. Biskupic has lined the Supreme Court docket for greater than 20 years and is aware of Roberts about in addition to anybody.
We mentioned Roberts’s ideological background; the function he’s performed on the court docket and in American politics; and whether or not we will count on him to preside over Trump’s trial impartially. A evenly edited transcript of our dialog follows.
Sean Illing
What would you say is an important factor the typical citizen ought to find out about John Roberts?
Joan Biskupic
John Roberts is a scholar of historical past; earlier than getting his legislation diploma at Harvard, he thought of a PhD in historical past. So he’s conscious of the load on his shoulders as he presides over solely the third Senate trial of a president in US historical past. He might be prepared for his second on the dais. He’s reserved, cautious, and can most likely observe the lead of his mentor William Rehnquist, who presided on the Clinton trial in 1999, and insert himself within the course of as little as attainable. He may also be occupied with his place in historical past.
He stated at one public look pretty early in his tenure: “You surprise for those who’re going to be John Marshall otherwise you’re going to be Roger Taney. The reply is, after all, you’re actually not going to be John Marshall. However you need to keep away from the hazard of being Roger Taney.”
Sean Illing
Who was Roger Taney?
Joan Biskupic
Chief Justice Taney wrote the 1857 Dred Scott v. Sandford resolution, which many individuals regard because the worst ruling ever. He stated African Individuals couldn’t be residents, invalidated the Missouri compromise, helped result in the Civil Struggle.
Sean Illing
Would you name Roberts a average? A conservative? An ideologue?
Joan Biskupic
Roberts can’t be outlined by a single label. He’s typically conservative, as we’ve seen on points reminiscent of race, faith and marketing campaign finance. However recall that in 2012, he break up from his conservative brethren to forged the deciding vote to uphold the Obama-sponsored Inexpensive Care Act.
As I chronicled in my ebook, that transfer got here after a number of switched votes and tense negotiations together with his colleagues. In the present day, the chief holds much more of a controlling vote as a result of he’s on the ideological middle of the court docket (post-Anthony Kennedy). Total, he’s prone to proceed to indicate his conservative stripes however in sure high-profile circumstances, when he’s within the center, he’ll inch to the middle. Final June’s census case decision is an instance of that.
Sean Illing
Does he put his function a justice over his identification as a conservative Republican? Do his rulings bear that out?
Joan Biskupic
We’ve had 45 presidents and solely 17 chief justices. That’s the place his identification is, not in his former roles as an appellate lawyer or a member of the Reagan-Bush administrations. His prior political work might form his method, and he has revealed his conservative roots in his rulings, however he’s principally aware of what he’s doing as chief justice.
Sean Illing
As , Roberts simply launched the 2019 Year-End Report on the Federal Judiciary. The political undertones of this stuff are sometimes laborious to decipher, however he wrote that “We’ve got come to take democracy as a right” and explicitly referred to as for extra “civic schooling.” What do you make of that? Do you suppose he was quietly chatting with Trump?
Joan Biskupic
I believe he was chatting with many constituencies in that report: the general public most broadly, fellow judges and Trump, too. Even earlier than Trump got here into workplace, Roberts was involved in regards to the judiciary changing into entangled in politics. “We don’t work as Democrats or Republicans,” he has stated repeatedly. Since Trump took workplace, that message has taken on extra urgency. Consider the chief’s rebuke of Trump over the so-called “Obama decide” in November 2018.
Sean Illing
Roberts’s function within the Senate impeachment trial is basically ceremonial, but when circumstances power him to get entangled, how do you count on him to deal with it?
Joan Biskupic
Below the Senate guidelines, he may very well be requested to rule on the relevance and materiality of proof. I believe he’ll attempt to keep away from any resolution that influences the path of the trial and whether or not Trump is acquitted or convicted.
He would need Mitch McConnell and Chuck Schumer to work out what they will, as Trent Lott and Tom Daschle did in 1999. We’re not in 1999, after all. Issues are way more polarized, however as a lot as he can do it, I consider Chief Justice Roberts will relay something substantive to a vote of the Senate and majority will.
Sean Illing
What function is do you count on him to play within the Senate impeachment trial? Do you suppose he’ll be honest and neutral?
Joan Biskupic
I believe he’ll enter the chamber on Tuesday intent on being honest and neutral and signaling in each approach that he’s each goal — and indifferent from the Senate because the true decision-maker right here. Bear in mind, the senators are sitting because the “court docket” on this occasion.
The chief justice works in a world removed from tv cameras. Many individuals watching the Senate trial might be seeing him in motion for the primary time. He’ll attempt to set a way of decorum and keep away from something that may put him or the Supreme Court docket in a foul gentle.